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Recruitment discrimination - Graduate Scheme

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  • Recruitment discrimination - Graduate Scheme

    Hi

    I am looking for some advice about possible discrimination within the recruitment process for a management graduate scheme with a leading hotel chain in the UK.

    The scheme has recently failed to move forward my application (after completing an online application, assessment and interview), based on not meeting the criteria of having graduated within the last 12 months. I have graduated within the last 15 months instead.

    I have replied back asking for them to justify the need for this criteria and a reason as to what makes a graduate of 12 months more suitable than a graduate of 15 months for this graduate management scheme.

    Some questions:
    Does this criterion need to be legally justified by the company?
    Are they discriminating against candidates indirectly if they cannot provide an adequate reason for this criteria?
    Are there any obvious reasons for this criteria?
    Is there a discrimination case to be made?

    My thoughts: I do not think that the requirement of candidates to have graduated within the last 12 months is necessary for this position and is indirectly discriminating applicants. Perhaps it falls under age discrimination? I know graduates can be any age but most recent graduates are younger so this requirement is likely to place older graduates at a disadvantage no? Also I understand that this criteria may be more easy to justify if the job requires up to date technical expertise like a computer programmer but i do not think this is the case for a management scheme which did not define what type of degree you must have to apply.

    Any thoughts?

    Thanks!
    Tags: None

  • #2
    Re: Recruitment discrimination - Graduate Scheme

    Originally posted by Beaconer91 View Post
    Hi

    I am looking for some advice about possible discrimination within the recruitment process for a management graduate scheme with a leading hotel chain in the UK.

    The scheme has recently failed to move forward my application (after completing an online application, assessment and interview), based on not meeting the criteria of having graduated within the last 12 months. I have graduated within the last 15 months instead.

    I have replied back asking for them to justify the need for this criteria and a reason as to what makes a graduate of 12 months more suitable than a graduate of 15 months for this graduate management scheme.

    Some questions:
    Does this criterion need to be legally justified by the company?
    Are they discriminating against candidates indirectly if they cannot provide an adequate reason for this criteria?
    Are there any obvious reasons for this criteria?
    Is there a discrimination case to be made?

    My thoughts: I do not think that the requirement of candidates to have graduated within the last 12 months is necessary for this position and is indirectly discriminating applicants. Perhaps it falls under age discrimination? I know graduates can be any age but most recent graduates are younger so this requirement is likely to place older graduates at a disadvantage no? Also I understand that this criteria may be more easy to justify if the job requires up to date technical expertise like a computer programmer but i do not think this is the case for a management scheme which did not define what type of degree you must have to apply.

    Any thoughts?

    Thanks!
    Could this be something to do with grants?
    The university on the edge of the village where I live
    has a large hotel in the grounds staffed by new grads
    and undergrads.

    nem

    Comment


    • #3
      Re: Recruitment discrimination - Graduate Scheme

      I am not aware of anything involving the allocation of grants for first year graduates to such schemes by private companies. Where do you think the grants would come from? The University or Government? But then surely they'd also be assisting in this sort of discrimination. I guess this is one for their HR department to answer for, which will be very interesting indeed!

      Comment


      • #4
        Re: Recruitment discrimination - Graduate Scheme

        Originally posted by Beaconer91 View Post
        I am not aware of anything involving the allocation of grants for first year graduates to such schemes by private companies. Where do you think the grants would come from? The University or Government? But then surely they'd also be assisting in this sort of discrimination. I guess this is one for their HR department to answer for, which will be very interesting indeed!
        What ever the " scheme" is one must suppose that there has to be a "cut off point " on eligibility which is not discrimination to my mind.

        You would I think be better asking the recruiter to explain in full,

        nem

        Comment


        • #5
          Re: Recruitment discrimination - Graduate Scheme

          Agree with nem to the extent that "time from graduation" is not a protected characteristic.

          But can also see an argument that it might be indirect age discrimination.

          I suspect though that you would be rather flogging a dead horse if you attempt to pursue this and your energies would probably be more productive if spent elsewhere.

          Comment


          • #6
            Re: Recruitment discrimination - Graduate Scheme

            Nem: What would you say, in your opinion, is the need for a 'cut-off' factor? Is it to restrict the sheer amount of applications for the scheme? (surly the correct way of doing this is by assessing other skills and qualities rather than restricting candidates by putting an expiry date on their degree)

            or is it to stop anyone with a degree at any point in their life applying for the scheme? Which would be a clear cause for a case of age discrimination.

            I haven't been given any indication yet as to what the reasoning is through research etc and still await the reply from the company but I do know that a lot (not all) graduate schemes put this restriction on applying.

            stevemLS: 'time from graduation' may not be a protected characteristic but we should ask the question, why is it being used as a characteristic at all? Why should the length of time from graduating be a deciding factor when looking for applicants? If it is a measuring/filtering factor in ability, it is obviously not an adequate measure and thus I think is discriminative. If it is a ploy to keep applicants young, then it is age discrimination. Other than these two immoral reasons, I can't think of another reason why they have this requirement.

            I don't plan on pursuing this until I know some more facts but I do think there is a evident case of an unequal recruitment process and I would encourage anyone to fight employment equality.

            Comment


            • #7
              Re: Recruitment discrimination - Graduate Scheme

              I would say yes, the employer will need to demonstrate that it's criterion is a proportionate way of achieving a legitimate aim. If it cannot demonstrate this then it is likely to be considered indirect discrimination.
              Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

              Comment

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